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No way of knowing that drugs found in a trash came from defendant's residence. Invalid Warrant.
The Constitution's Fourth Amendment provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const. amend. IV. A "state search warrant being challenged in a federal court must be judged by federal constitutional standards." United States v. McManus , 719 F.2d 1395, 1397 (6th Cir. 1983) (citing Elkins v. United States , 364 U.S. 206, 80 S.Ct. 1437, 4 L.Ed.2d 1669 (1960) ). "Probable cause is defined as ‘reasonable grounds for belief, supported by less than prima facie proof but more than mere suspicion.’ " United States v. King , 227 F.3d 732, 739 (6th Cir. 2000) (quoting United States v. Bennett , 905 F.2d 931, 934 (6th Cir. 1990) ). In assessing whether a warrant to search a residence passes muster under the Fourth Amendment, the "critical element ... is ... that there is reasonable cause to believe that the specific ‘things' to be searched for and seized are located on the property to which entry is sought." Zurcher v. Stanford Daily , 436 U.S. 547, 556, 98 S.Ct. 1970, 56 L.Ed.2d 525 (1978).
It is well established in this Circuit that drug paraphernalia recovered from a trash pull establishes probable cause to search a home when combined with other evidence of the resident's involvement in drug crimes.
The Court held that the marijuana roaches and T2-laced plastic bags Detective Particelli recovered from the trash pull here were insufficient, standing alone, to create probable cause to search Defendant's residence.
Read full case here: United States v. Abernathy, 843 F.3d 243 (6th Cir. 2016), https://casetext.com/case/united-states-v-abernathy-15
Case about trash:
California v. Greenwood, 486 US 35 (1988)
https://www.oyez.org/cases/1987/86-684
https://youtu.be/mCdJhIweZtk
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
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The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...
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By Anton Vialtsin, Esq.The Constitution's Fourth Amendment provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." U.S. Const. amend. IV. A "state search warrant being challenged in a federal court must be judged by federal constitutional standards." United States v. McManus , 719 F.2d 1395, 1397 (6th Cir. 1983) (citing Elkins v. United States , 364 U.S. 206, 80 S.Ct. 1437, 4 L.Ed.2d 1669 (1960) ). "Probable cause is defined as ‘reasonable grounds for belief, supported by less than prima facie proof but more than mere suspicion.’ " United States v. King , 227 F.3d 732, 739 (6th Cir. 2000) (quoting United States v. Bennett , 905 F.2d 931, 934 (6th Cir. 1990) ). In assessing whether a warrant to search a residence passes muster under the Fourth Amendment, the "critical element ... is ... that there is reasonable cause to believe that the specific ‘things' to be searched for and seized are located on the property to which entry is sought." Zurcher v. Stanford Daily , 436 U.S. 547, 556, 98 S.Ct. 1970, 56 L.Ed.2d 525 (1978).
It is well established in this Circuit that drug paraphernalia recovered from a trash pull establishes probable cause to search a home when combined with other evidence of the resident's involvement in drug crimes.
The Court held that the marijuana roaches and T2-laced plastic bags Detective Particelli recovered from the trash pull here were insufficient, standing alone, to create probable cause to search Defendant's residence.
Read full case here: United States v. Abernathy, 843 F.3d 243 (6th Cir. 2016), https://casetext.com/case/united-states-v-abernathy-15
Case about trash:
California v. Greenwood, 486 US 35 (1988)
https://www.oyez.org/cases/1987/86-684
https://youtu.be/mCdJhIweZtk
Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
https://lawstache.com
(619) 357-6677
Do you want to buy our Lawstache merchandise? Maybe a t-shirt?
https://lawstache.com/merch/
Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101
Want to learn about our recent victories?
https://lawstache.com/results-notable-cases/
If you'd like to support this channel, please consider purchasing some of the following products. We get a little kickback, and it does NOT cost you anything extra:
*Calvin Klein Men's Dress Shirt Slim Fit Non-iron, https://amzn.to/3zm6mkf
*Calvin Klein Men's Slim Fit Dress Pant, https://amzn.to/3G8jLQG
*Johnson and Murphy Shoes, https://amzn.to/3KmfX0Y
*Harley-Davidson Men's Eagle Piston Long Sleeve Crew Shirt, https://amzn.to/43gFtMC
*Amazon Basics Tank Style Highlighters, https://amzn.to/3zwOEKZ
*Pilot Varsity Disposable Fountain Pens, https://amzn.to/40EjSfm
*Apple 2023 Mac Mini Desktop Computer, https://amzn.to/3Km2aGC
*ClearSpace Plastic Storage Bins, https://amzn.to/3Kzle5q
Are you are a Russian speaker? Вы говорите по-русски?
https://russiansandiegoattorney.com
Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts
The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are e...